RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01634
            INDEX CODE:  110.02, 100.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been medically discharged and did not lie  to  the  Air
Force prior to enlisting in the Air Force.  He injured his  left  knee
while in basic training and subsequently  needs  to  have  surgery  to
repair the damage he sustained to the knee while on active duty.

In support of his request, the applicant submits a personal statement,
four letters of support and copies of clinical notes from  a  civilian
doctor.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
19 November 2001 for a  term  of  4  years.   On  8  April  2002,  the
applicant was notified by his commander that he was recommending  that
he be discharged from the Air Force for  fraudulent  enlistment.   The
basis for the action was the commander received documentation from the
medical center that he concealed a prior  service  medical  condition,
which if revealed, could have resulted in rejection of his enlistment.
 On 8 April 2002, he  was  advised  of  his  rights  in  this  matter,
acknowledged receipt of the notification on the same day,  waived  his
right to consult counsel, and declined to submit statements on his own
behalf.  He also acknowledged that if  discharged  for  the  reason(s)
cited, he would not be  entitled  to  any  disability,  retirement  or
severance pay.  The package was reviewed by the assistant staff  judge
advocate and found to be legally sufficient.  On 11 April 2002, he was
administratively discharged with an entry-level separation  under  the
provisions  of  AFI  36-3208,  Administrative  Separation  of  Airman,
(Fraudulent Entry Into Military Service), and issued an RE code of  2C
“Involuntarily separated with an honorable discharge; or  entry  level
separation without characterization of service”.  He served  four  (4)
months and one (1) day on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed applicant’s  request  and  opined
that the narrative reason for discharge may be  changed  to  erroneous
enlistment.  However, no change in the reenlistment code is warranted.

The applicant experienced considerable difficulties  beginning  during
the first week of basic training including adjustment disorder,  chest
pain, and knee pain.  During evaluations for his chest pain  and  knee
pain, the applicant reported a pre-service history of chest  pain  and
knee pain.  No heart or lung problems were  diagnosed  after  thorough
evaluations.  The applicant first reported no  history  of  in-service
knee injury, then reported an injury, and then  later  reported  there
was no injury.  Service medical records indicate he reported a pop  in
the right knee.  In his request he reported it was the left knee  that
popped.  Evaluation by an orthopedic surgeon diagnosed  patellofemoral
pain syndrome, confirming the  diagnosis  made  by  the  primary  care
provider and  the  physical  therapist.   There  was  no  evidence  of
clinically significant injury  to  the  knee  while  on  active  duty.
Retropatellar pain  syndrome  is  a  common  painful  condition  often
aggravated by activities such as running,  especially  in  individuals
who have  not  been  conditioned.   In  the  absence  of  predisposing
conditions such as weak muscles, abnormal tracking of the kneecap,  or
degenerative changes in  the  cartilage,  rest  and  physical  therapy
typically improves the pain.

Airmen are  in  entry-level  status  during  the  first  180  days  of
continuous active military service and if  administratively  separated
during this period receive an entry-level separation.  This  discharge
does not attempt to characterize the type of service as either good or
bad.  An honorable characterization may be given by the  Secretary  of
the Air Force when it is clearly warranted by unusual circumstances of
personal conduct and performance of military duty.   Fraudulent  entry
is one involving deliberate material misrepresentation,  omission,  or
concealment that if known at the time of enlistment or  entry  into  a
period of military service, might have  resulted  in  rejection.   The
fraud may occur at any time  in  the  enlistment  process.   Erroneous
enlistment is one that would not have occurred had the relevant  facts
been known by the Air Force and it was not the  result  of  fraudulent
conduct on the part of the member.

The preponderance of the evidence  is  consistent  with  retropatellar
pain  syndrome  that  existed  prior  to  service  but  was  minimally
symptomatic until  the  rigors  of  military  training  increased  the
symptoms.  Based on the natural  history  of  the  condition  and  the
evidence submitted by the applicant,  it  does  not  appear  that  the
applicant deliberately deceived MEPS medical  personnel  in  order  to
gain entrance into the military.  The applicant’s reason for discharge
may be more accurately characterized as erroneous entry.

Medical documentation supports a conclusion that the applicant is  not
suited for military service and change of the reenlistment code is not
warranted.

The Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPRS recommends denial.  Based on the documentation on  file  in
the master personnel records, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of the discharge authority.

Airmen  are  given  entry-level   separation/uncharacterized   service
characterization when separation is initiated in the first 180 days of
continuous active service.  The DoD determined if a member served less
than 180 days continuous active service, it would  be  unfair  to  the
member and the service to  characterize  their  limited  service.   He
provided no facts warranting a change in his discharge.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
19 Dec 03, for review and comment within 30 days.  As  of  this  date,
this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice in regard to his  request  that
his narrative for separation be changed to a medical discharge.  After
a thorough review of the documentation  provided  in  support  of  his
appeal and the evidence of record, it is our opinion  that  given  the
circumstances surrounding his  separation  from  the  Air  Force,  the
discharge given to the applicant was proper and in compliance with the
appropriate directives.  We took notice of  the  applicant's  complete
submission in judging the merits of the case; however, we  agree  with
the opinions and recommendations of the Air Force offices  of  primary
responsibility  and  adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

4.  Notwithstanding the aforementioned, we note that the BCMR  Medical
Consultant has indicated that the  narrative  reason  for  separation,
Fraudulent  Entry,  should  be  changed.   The  preponderance  of  the
evidence proves  that  the  applicant’s  condition  existed  prior  to
service but was minimally symptomatic until  the  rigors  of  military
training increased the symptoms.   We  agree  with  the  BCMR  Medical
Consultant in this matter and believe that the  applicant’s  narrative
reason for separation is best characterized as  Erroneous  Enlistment.
Accordingly, we recommend that his records be corrected to the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 11 April  2002,  he
was separated under the  provisions  of  AFI  36-3208,  paragraph  1.2
(Erroneous Entry), with a separation code of “JFC”.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
01634 in Executive Session on 2 Mar 2004, under the provisions of  AFI
36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Ms. Martha A. Maust, Member
                 Ms. Carolyn B. Willis, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 Jun 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 14 Nov 03.
      Exhibit D. Letter, AFPC/DPPRS, dated 12 Dec 03.





      Exhibit E. Letter, SAF/MRBR, dated 19 Dec 03.
      Exhibit F. Letter, SAF/BCMR, dated 16 Jan 04





      ROSCOE HINTON, JR.
      Panel Chair
AFBCMR BC-2003-01634




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to, be corrected to show that on 11 April 2002, he  was
separated  under  the  provisions  of  AFI  36-3208,   paragraph   1.2
(Erroneous Entry), with a separation code of “JFC”.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency